May 23, 2021 court of first instance - Orders
Claim No: CFI 020/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
TEMPO EVENTS MANAGEMENT
Claimant
and
ENVIE EVENTS LLC FZC
Defendant
ORDER OF THE REGISTRAR NOUR HINEIDI
UPON the Defendant’s Application issued on 24 September 2020 seeking security for its costs in the sum of AED 996,517.50 (the “Application”)
AND UPON the Order of H.E Justice Ali Al Madhani dated 11 February 2021 providing that unless the Claimant provides security for the Defendant’s costs within 60 days of 11 February 2021 in the sum of AED 996,517.50, such security to be provided by payment of that sum into Court, then: (a) the Claimant’s claim against the Defendant shall be struck out; and (b) judgment shall be entered for the Defendant in respect of the Claimant’s claim (the “Unless Order”)
AND UPON the Claimant’s failure to comply with the Unless Order
AND UPON considering the Rules of the DIFC Courts (RDC) and specifically, RDC r4.16(3) which allows the Court to strike out a statement of case if it appears to the Court that there has been a failure to comply with a Rule, Practice Direction or Court Order; and RDC rr4.20 to 4.23 which apply where (1) the Court makes an order which includes a term that the statement of case of a party shall be struck out if the party does not comply with the order; and (2) the party against whom the order was made does not comply with it
AND UPON the Claimant’s failure to reply to the Defendant’s strike out submissions by the 16 May 2021 deadline imposed by the Registrar
AND UPON reviewing the documents on the Court file
IT IS HEREBY ORDERED THAT:
1. The Claimant’s claim against the Defendant is struck out.
2. Judgment shall be entered for the Defendant in respect of the Claimant’s claim.
3. The Claimant shall pay the Defendant’s costs arising out of and occasioned by the Claimant’s claim, and the Defendant’s Application dated 24 September 2020 to be assessed by the Registrar if not agreed.
Issued by:
Nour Hineidi
Registrar
Date of issue: 23 May 2021
Time: 9am
